The Constitutional Court has stopped all criminal prosecution proceedings involving former Konkola Copper Mines provisional liquidator Milingo Lungu.
In a landmark ruling, the Concourt ruled to stay all criminal proceedings currently before the Subordinate Courts until constitutional matters raised are addressed.
Constitutional Court Judge Martin Musaluke said the provision of the law and the Constitution were clear in matters of this nature and therefore, the Constitutional issues raised should be addressed by the Constitutional Court before any matter could be dealt with by the subordinate court.
Judge Musaluke refered matters in Uganda where Constitutional matters were raised in a case of Charles Onyongo Obbo vs the Attorney General.
“This issue was equally addressed in the Ugandan case of Charles Onyongo Obbo v the Attorney General where the Supreme Court opined as follows, where a court refers a questions that arises in proceedings before it, it must await the decision of the question of the Constitutional Court, and “disose of the case in accordance with the decision.”
“Premised on the foregoing, I hereby grant the Petitioner’s application for stay of criminal proceedings before the subordinate court so as to preserve the integrity of the proceedings in this court were allegations of the breach of the Constitution have been raised,” reads in part Judge Musaluke’s ruling.
